The Dangers of Impaired Truck Drivers

02 Sep 14

posted by
Arnold & Itkin

Everyone is aware of the dangers of impaired driving, but when a truck
driver is operating an 18-wheeler or other large commercial vehicle while
impaired, those dangers are exponentially greater due to the sheer size
of the big rig. Most trucking accidents are caused by driver error. In
fact, according to the Federal Motor Carrier Safety Administration (FMCSA),
driver error causes more trucking accidents than weather, road conditions
and vehicle performance combine.

Impaired Driving

Impaired drivers are naturally more likely to commit errors. While most
people think of impaired driving as driving under the influence of drugs
and alcohol, those are not the only ways a driver can be impaired. Often
times, drivers are impaired by a lack of sleep, exhaustion or the use
of over-the-counter medications. A study conducted by the FMCSA found
that almost half (44%) of the truckers involved in a trucking accident
were taking over-the-counter or prescription medication. Another 18% of
trucking accidents were due to driver fatigue.

Drug & Alcohol Use

Drug and alcohol use not only impairs a driver's judgment, but also slows reaction
times. Truck drivers who are operating a commercial vehicle under impairment
are an extreme hazard to other motorists on the road. Sadly, it's
not an uncommon occurrence. A study conducted by the Institute for Traffic
Safety found that while fewer than 1% of drivers were under the influence
of alcohol while on the job, 15% had marijuana in their system, 12% had
non-prescription stimulants (including cocaine) and another 5% had prescription
stimulants.

While most states set laws for private citizens governing drug and alcohol
use while operating a motor vehicle, the federal government and FMCSA
regulate the use of drugs and alcohol amongst truck drivers. While most
states set the legal limit .08 blood alcohol content (BAC), truck drivers
are held to a higher standard. The legal limit for a truck driver while
on-the-job is .04 BAC. The FMCSA also requires employers to perform drug
and alcohol test as a condition of employment.

A
federal program that would provide a national database to track drug and alcohol offenses
for commercial driver's license holders throughout the country is
also under consideration. Under current screening programs, many states
such as Texas check driving records for commercial driver's licenses,
but they are only able to see offenses that occurred in Texas. This leaves
the door open for out-of-state truck drivers with prior drug or alcohol
related offenses to go undetected in the screening process.

Driver Fatigue

Another common impairment for truck drivers is
driver fatigue. This is usually caused by a driver simply being tired from working long
hours or too many consecutive days. While the FMCSA regulates the number
of hours a truck driver may work over a given time period, those rules
are often ignored by truckers seeking more pay or trucking companies pushing
drivers to work more than allowed in order to expedite or fulfill their
shipping demands.

Current regulations state that a truck driver can work no more than 14
hours per day (of which only 11 hours can be spent driving). Truck drivers
must have been off-duty for 10 consecutive hours prior to starting a shift.
The FMCSA regulations also place limits on the number of hours a truck
driver can work in consecutive days. A driver can work no more than 60
hours in seven consecutive days and no more than 70 hours in eight consecutive days.

Fatigued driving can cause a driver to have:

Slowed reaction time

Impaired judgment and vision

Problems with information processing

Decreased performance

Increase in aggressive behaviors

Unlike with drugs and alcohol, there is no "breathalyzer" that
can determine if a driver was fatigued. However several studies have shown
that fatigued drivers have reaction times and motor skills equivalent
to a person with a blood alcohol content 1.5 times the legal limit.

Impaired driving remains one of the leading contributors to accidents involving
commercial trucks. If you were involved in a commercial trucking accident,
you need to consult with an experienced, commercial trucking attorney
to learn about your legal rights.
Contact our truck accident attorneys for a free consultation.

Office Location

Contact Us

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative
of cases handled by Arnold & Itkin LLP. These listings are not a guarantee
or prediction of the outcome of any other claims